Case: EEOC v. 2M DRYWALL, INC.

1:01-cv-00812 | U.S. District Court for the Middle District of North Carolina

Filed Date: Aug. 29, 2001

Closed Date: Dec. 19, 2003

Clearinghouse coding complete

Case Summary

EEOC's Charlotte, NC office filed this Title VII racial discrimination lawsuit against the defendant 2M Dry Wall, Inc. at the United States District Court for the North Carolina Middle District (Durham) on 08/29/2001. With access only to the docket, there is no information as to the details of the complaint.

The case was referred to mediation but the parties did not reach a settlement agreement until the settlement conference presided by District Judge N.C. Tilley, Jr. on 12/19/2002. A consent decree was executed on the same day.

Under the one-year consent decree, the defendant agreed to pay the individual complainant $15,000 and expunge any information relating to the lawsuit from his personnel record. Additionally, the defendant agreed to provide a training program, post employee notice of the lawsuit, and provide semi-annual reports to the EEOC.

Summary Authors

Yin Zheng (8/11/2007)

Documents in the Clearinghouse

Document

1:01-cv-00812

Docket [PACER]

EEOC v. 2M DRY WALL, INC.

Dec. 19, 2002

Dec. 19, 2002

Docket

Resources

Docket

Last updated April 4, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link

**Case assigned to Magistrate Judge SHARP. AO Code 18BA (fe) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

1

COMPLAINT filed; jury demand (fe) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

Notice of Right to Consent 28 USC 636(c)(2) (fe) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

CASE SELECTED FOR MEDIATION (fe) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

2

ANSWER to Complaint by 2M DRY WALL, INC. (Attorney MARK FLOYD REYNOLDS II) (fe) (Entered: 10/18/2001)

Oct. 18, 2001

Oct. 18, 2001

CASE AT ISSUE (fe) (Entered: 10/18/2001)

Oct. 18, 2001

Oct. 18, 2001

3

SUMMONS issued for 2M DRY WALL, INC. (fe) (Entered: 10/18/2001)

Oct. 18, 2001

Oct. 18, 2001

4

NOTICE of Hearing: set Initial Pretrial Conference for 9:30 11/26/01 in COURTROOM #1A (GSO) ( before MAG/JUDGE P. T. SHARP ). Ccs. dist. (W. Williamson) (Entered: 10/26/2001)

Oct. 26, 2001

Oct. 26, 2001

CASE REFERRED to Mag/Jud Sharp re: proposed Joint Rule 26(f) Report. (W. Williamson) (Entered: 11/07/2001)

Nov. 7, 2001

Nov. 7, 2001

CASE NO LONGER REFERRED to Mag/Jud SHARP. (fe) (Entered: 11/16/2001)

Nov. 16, 2001

Nov. 16, 2001

5

Joint Rule 26(f) Report and Order setting Discovery cutoff 5/16/02; Notice of Intent to file Dsp. Motions due by 5/26/02; Complex Case Management Track; Mediation should be conducted late in the discovery period, the exact date to be set by the mediator. The parties have not yet agreed who will serve as mediator; Plaintiff should be allowed thirty days after approval of this Joint Rule 26(f) report to join additional parties, or amend the pleadings; Defendants should be allowed thirty days after the approval of this Joint Rule 26(f) report to join additional parties, or thirty days following the filing of any amended pleadings by the Plaintiff; The parties have not agreed to have this assigned to a Magistrate Judge; The Order is approved except as to the final paragraph in section 2. The parties may not adjust the end-date of all discovery without court approval, which will be given only for good cause shown. JURY DEMAND; (signed by MAG/JUDGE P. T. SHARP) ETT 4d [EOD Date 11/16/01] Ccs. Dist. (fe) Modified on 11/19/2001 (Entered: 11/16/2001)

Nov. 16, 2001

Nov. 16, 2001

Complex Case (fe) (Entered: 11/16/2001)

Nov. 16, 2001

Nov. 16, 2001

Mediation Hearing set for no later than 5/16/2002. (fe) (Entered: 11/29/2001)

Nov. 16, 2001

Nov. 16, 2001

Motion(s) referred: [6-1] motion to Extend Time for thirty (30) days to respond to plaintiff's multiple discovery requests referred to MAG/JUDGE P. T. SHARP (D. Mccarty) (Entered: 01/02/2002)

Jan. 2, 2002

Jan. 2, 2002

7

ORDER granting defendant's [6-1] motion to Extend Time for thirty (30) days to respond to plaintiff's multiple discovery requests; 2M Dry Wall shall respond to the Plaintiff's inquiries not later than 1/23/2002 (signed by MAG/JUDGE P. T. SHARP) [EOD Date 1/7/02]. Copies distributed. (K. Mckenzie) (Entered: 01/07/2002)

Jan. 7, 2002

Jan. 7, 2002

8

NOTICE of Hearing: set Jury Trial for 9:30 1/6/03 in UNASSIGNED COURTROOM , set Brief deadline to 12/17/02 () (D. Mccarty) (Entered: 01/09/2002)

Jan. 9, 2002

Jan. 9, 2002

Telephonic Notice: To Attorney Arden Achenberg regarding status of mediation since time for holding mediation has expired. Attorney Reynolds was to return from vacation 6/17/02 but has not returned her calls. She assured me she will see that mediation is accomplished in this case. (fe) (Entered: 06/21/2002)

June 21, 2002

June 21, 2002

9

MOTION by EEOC to Extend the mediation deadline until 10/22/02 with consent (K. Mckenzie) (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

Motion(s) referred: [9-1] motion to Extend the mediation deadline until 10/22/02 referred to MAG/JUDGE P. T. SHARP (D. Mccarty) (Entered: 07/12/2002)

July 12, 2002

July 12, 2002

10

ORDER granting [9-1] motion to Extend the mediation deadline; the mediation deadline is extended through October 22, 2002 (signed by MAG/JUDGE P. T. SHARP) [EOD Date 7/16/02]. Copies distributed. (K. Mckenzie) (Entered: 07/16/2002)

July 15, 2002

July 15, 2002

Mediation Hearing set for no later than 10/22/2002. (fe) (Entered: 08/07/2002)

July 15, 2002

July 15, 2002

11

MOTION with Memorandum in Support by EEOC for Leave to Move for Motion for Summary Judgment ; the views of opposing counsel are unknown at this time (K. Mckenzie) (Entered: 08/23/2002)

Aug. 23, 2002

Aug. 23, 2002

Motion(s) referred: [11-1] motion for Leave to Move for Motion for Summary Judgment referred to MAG/JUDGE P. T. SHARP (D. Mccarty) (Entered: 09/24/2002)

Sept. 24, 2002

Sept. 24, 2002

12

ORDER that Plaintiff has shown no reason why it should not be held to the schedule set by the orders of this Court and the local rules. Plaintiff does not need "leave" to file a summary judgment motion at this date, and the request for specific leave is DENIED. Under LR56.1(g), Plaintiff may file a summary judgment motion at any time prior to trial, but "[a] dispostive motion which is not noticed and filed within the prescribed time will not be reached by the court prior to trial unless the court determines that its consideration will not cause delay to the proceedings." The case will proceed on the January 2003 Master Calendar. Signed by MAG/JUDGE P. T. SHARP Ccs. dist. [EOD Date 10/22/02] (fe) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

Mediation Hearing held 10/22/2002. (fe) (Entered: 12/10/2002)

Oct. 28, 2002

Oct. 28, 2002

TRIAL CALENDAR mailed to parties for session beginning 1/6/03 at Greensboro, NC. (D. Mccarty) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

Deadline Updated; set Jury Trial for 9:30 1/6/03 in COURTROOM #2 (GSO) before CHIEF JUDGE N. C. TILLEY JR. (D. Mccarty) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

14

NOTICE of Hearing: setting Settlement Conference for 2:00 12/19/02 in COURTROOM #2 (GSO) ( before CHIEF JUDGE N. C. TILLEY JR. ). Settlement position papers due 12/13/02. (S. Blumke) (Entered: 11/27/2002)

Nov. 27, 2002

Nov. 27, 2002

Statement of Settlement Position as requested by Judge Tilley submitted by plaintiff EEOC . (S. Blumke) (Entered: 12/18/2002)

Dec. 13, 2002

Dec. 13, 2002

Statement of Settlement Position as requested by Judge Tilley filed by submitted 2M DRY WALL, INC. (S. Blumke) (Entered: 12/18/2002)

Dec. 16, 2002

Dec. 16, 2002

15

TRIAL BRIEF by EEOC (S. Blumke) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

16

Proposed Jury instructions by EEOC (S. Blumke) Modified on 12/18/2002 (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

17

Proposed Voir Dire Questions by EEOC (S. Blumke) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

Settlement Conference held before CHIEF JUDGE N. C. TILLEY JR. in GSO. Beck, Rptr. Case Reported Settled. Parties exeucted consent order. (S. Blumke) Modified on 12/19/2002 (Entered: 12/19/2002)

Dec. 19, 2002

Dec. 19, 2002

18

CONSENT DECREE that the defendant shall not discriminate against any employee on the basis of race or color within meaning of Title VII, and specifically shall not subject employees to race or color harassment in violation of Title VII; defendant specifically denies that it has discriminated against Joshua Maynard in any matter; defendant further asserts that it will not retaliate against any person because of opposition to any practice made unlawful under Title VII, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under Title VII; defendant's counsel will issue a check to Joshua J. Maynard in the sum of $15,000.00 as settlement of the claims raised in the Complaint filed by the EEOC; payment shall be made as set out; defendant shall eliminate from the employment records of Joshua J. Maynard any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge No. 145A000375, Joshua J. Maynard v. 2M Dry Wall, Inc. and the related events that occurred thereafter; defendant shall institute and implement an anti-discrimination, anti-harrassment and anti-retaliation policy and shall also provide a training program as set out; during the term of this Consent Decree, Defendant shall conspicuously post the attached Employee Notice, marked Exhibit A, hereby made a part of this Decree as set out; defendant shall provide the Commission with semi-annual reports during the term of this Consent Decree containing information as set out; if at any time during the one-year term of this Consent Decree, the Commission believes that Defendant is in violation of the Decree, the Commission shall proceed as set out; the term of this Consent Decree shall be one (1) year from its entry by the Court; each party shall bear its own costs and attorney's fees; this Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Consent Decree and entry of such further orders as may be necessary or appropriate (signed by CHIEF JUDGE N. C. TILLEY JR.) [EOD Date 12/23/02]. Copies distributed. (K. Mckenzie) (Entered: 12/23/2002)

Dec. 19, 2002

Dec. 19, 2002

CASE CLOSED. Closing Code 8e (K. Mckenzie) (Entered: 12/23/2002)

Dec. 19, 2002

Dec. 19, 2002

Case Details

State / Territory: North Carolina

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Aug. 29, 2001

Closing Date: Dec. 19, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

2M Dry Wall, Inc., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 15000

Order Duration: 2002 - 2003

Content of Injunction:

Expungement of Employment Record

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Issues

Discrimination-area:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits